The Surrogacy Regulation Act of 2021 in India: One Step Forward, Two Steps Backward

In a hyper science & technology driven society, technological inroads into reproduction processes has vitally changed the meaning of mothering, motherhood/parenthood, and family. Along with in-vitro fertilization, surrogacy has emerged as a preferred reproductive mode of realizing motherhood/parenthood and starting a family. However, the socio-cultural implications of this medical technology are far more complicated. Any law or policy on surrogacy need to self reflexively locate and answer questions relating to inclusivity, vulnerabilities, changing nature of family and meanings of motherhood. In this paper, an attempt has been made, to interrogate India’s Surrogacy Regulation Act, 2021, analyzing its idea of family and motherhood, mapping its dichotomy of altruistic surrogacy and commercial surrogacy to practical nuances of living, while navigating its sustainability and examining the Act’s focus on LGBTQI+’s quest of a child.